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WOLFRAM PARTNERSHIP v. LASALLE NAT. BANK

No. 1-00-2202.

765 N.E.2d 1012 (2001)

328 Ill. App.3d 207

262 Ill.Dec. 404

The WOLFRAM PARTNERSHIP, LTD., an Illinois Limited Partnership, Plaintiff and Counterdefendant-Appellant, v. LaSALLE NATIONAL BANK, as Trustee of Trust Agreement dated July 25, 1966 and known as Trust No. 19672, Unknown Beneficiaries of Lasalle National Bank, as Trustee under Trust Agreement dated July 25, 1966 and known as Trust No. 19672, and Fred Schimel and Joan Schimel, as heirs to the Estate and Executrix of Ruth E. Guinand, Deceased, Defendants and Counterplaintiffs and Third-Party Plaintiffs-Appellees (Duncan Henderson and Deirdre Henderson, Third-Party Defendants-Appellants; Perillo BMW, Inc., and Joseph Perillo, Third-Party Defendants).

Appellate Court of Illinois, First District, Third Division.

As Modified Upon Denial of Rehearing March 20, 2002.

Attorney(s) appearing for the Case

William J. Harte, Ltd., Chicago (William J. Harte and Joan M. Mannix, of counsel), for Appellant/Counter-Defendant/Appellant, The Wolfram Partnership, Ltd., and Third-Party Defendants/Appellants, Duncan Henderson and Deirdre Henderson.

Kelly Olson, Michod, DeHaan & Richter, Chicago (Richard H. Ferri, of counsel), for Plaintiff-Defendant/Appellant, The Wolfram Partnership, Ltd., Duncan Henderson and Deirdre Henderson.

Schiff, Hardin & Waite, Chicago (Eugene J. Geekie, Jr.,; William Macy Aguiar; and Kristen E. Brown, of counsel), for Appellees, LaSalle National Bank as Trustee, et al.

Justice CERDA delivered the opinion of the court.

This case involves a dispute between plaintiff/counter-defendant, The Wolfram Partnership, Ltd., an Illinois limited partnership; its general partners, third-party defendants Duncan Henderson and Deirdre Henderson (collectively Wolfram); defendant/counterplaintiff/third-party plaintiff LaSalle National Bank (LaSalle), as trustee of trust agreement dated July 25, 1966, and known as Trust No. 19672 (the Trust), and the...

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